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HomeMy WebLinkAbout08-14-2024 HE Packet AGENDA Hearing Examiner 6:00 PM - Wednesday, August 14, 2024 Pasco City Hall, Council Chambers & GoToWebinar & GoToWebinar Page 1. REMOTE MEETING INSTRUCTIONS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. Hearing Examiner meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. PUBLIC HEARINGS 2 - 34 (a) SP2024-005 - Sundance Residential Care 35 - 59 (b) SP2024-010 - Gonzalez Barber School 60 - 82 (c) SP2024-011 - New York Hair Academy 83 - 110 (d) Z2024-003 - Alvarado RS-20 to R-1 4. ADJOURNMENT Page 1 of 110 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 14 August 2024 6:00 PM 1 MASTER FILE #: SP 2024-005 APPLICANT: Sundance Residential Care 10518 N Alberta Road Spokane, WA 99208 REQUEST: Special Permit: Construction of a new Community Service Level Two facility. Timeline: 28 March 2024 Application Submitted 1 April 2024 Determination of Incomplete Application 6 June 2024 Site Plan and Elevations Submitted 11 June 2024 Application Deemed Complete 1 July 2024 SEPA Determination of Non-Significance Issued 28 July 2024 Application Noticed for Public Hearing 7 August 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: SHORT PLAT 81-10 LOT 1 EXCEPT N 30’ FOR FUTURE ROAD EASEMENT General Location: 1620 Road 44 (Parcel # 119-121-156) in Pasco, Washington. Property Size: 0.92 acres. 2) ACCESS: The property has access from Road 44. 3) UTILITIES: Municipal water and sewer services are available in Road 44. 4) LAND USE AND ZONING: The property is zoned O (Office) and is partially developed with an approx. 7,185 sq. ft. multi-tenant office building on the eastern side of the lot. Surrounding properties are zoned/developed as follows: North: RS-20 Suburban Zone/Single Family Homes East: RS-12 Residential Suburban/Single Family Homes South: O Office/Health Center West: RS-20 Suburban Zone/Single Family Homes Page 2 of 110 2 5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Low Density Residential. The Low Density Residential land use designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning districts and a variety of residential housing at a density of three (3) to six (6) dwelling units per acre. The proposed use is considered an “Unclassified Use” and permissible in all the zoning districts within the Low Density Residential land use, and the Office zoning district. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued on July 1st, 2024, for this project under WAC 197-11-355. BACKGROUND Request Applicant proposes to construct an approx. 9,000 sq. ft. single-story Enhanced Service Facility (ESF) equipped with 16 live-in resident beds as defined by WAC 388-107. Project will also include amenities such as a residential style kitchen, and several gathering areas for activities. Exterior improvements to include hard scape (parking lot, sidewalks), landscaping and stormwater retention. Due to the residential nature of the area the structure will have a residential appearance including asphalt shingled roofing with a combination of lap siding and board/baton siding to match existing development patterns. The facility would have 12 – 18 staff members spread among 3 – 4 shifts. Per WAC 388-107-0010 relating to the scope and purpose of an ESF facility: “An enhanced services facility will provide treatment and services to a maximum of sixteen residents for whom acute inpatient treatment is not medically necessary and who have been determined by the department (Department of Social and Health Services) to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues”. Site The site carries a primary address of 1620 Road 44 and contains an existing multi-tenant office building, however, the western half of the site is undeveloped and is where the proposed facility would be constructed. The site has primary access from Road 44 to the east. History The site was annexed into the City of Pasco in 1989 under Ordinance No. 2740 and assigned the O Office zoning designation under Ordinance No. 2742 and has retained this zoning since. It should be noted that Ordinance No. 2742 was passed correcting an error in the legal descriptions in Ordinance No. 2740 the same year. Per Franklin County Assessor records the existing building on the eastern half of the site was constructed in 1991 and is 7,185 sq. ft. in size. The site has been subject to one code case, Pasco Case Number CEB2016- 0526, for a business failing to renew its license. The subject business is not related to the proposal or area of the site where the proposed facility would be constructed. STAFF FINDINGS OF FACT 1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the Tri-City Herald newspaper on July 28, 2024. 2) The Applicant proposes to construct a new building approx. 9,000 sq. ft. in size to be used for a Community Service Level Two (CSII) Facility which can be described as a ESF under WAC 388-107. Page 3 of 110 3 3) The new building will be constructed with a residential appearance in consideration of the residential nature of the neighborhood. 4) The facility would include 16 live-in resident beds and amenities such as a residential kitchen and several gathering areas for activities. Exterior improvements include hard scape (parking lot, sidewalks), landscaping and stormwater retention. 5) The facility would have 12 – 18 staff members on 3 – 4 shifts. 6) The existing building was constructed on or around 1991 on the eastern portion of the lot. 7) The proposed building would be constructed on the undeveloped western portion of the lot. 8) CSII facilities are considered an Unclassified Use under Pasco Municipal Code (PMC) 25.200.020. 9) Unclassified Uses are permitted via Special Permit in most zoning districts, including all zoning districts permitted within the Comprehensive Plan’s Low Density Residential Land Use designation. 10) Staff discussed with other jurisdictions with similar facilities that have already been approved and are operating. The proposed use did not garner any noticeable difference in complaints or code violations than uses surrounding the associated sites. 11) The site is zoned Office. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; The Comprehensive Plan designates this site as “Low Density Residential.” The Low Density Residential land use designation allows for the RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2 zoning designations. However, the application is for an “Unclassified Use” under PMC 25.200.020. While the current zoning of the site is O (Office), Unclassified Uses may be permitted in both the O zoning district and all zoning districts within the “Low Density Residential” designation. • Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. The proposed project would be classified as an infill development as it is located on a property that, while having been developed in 1991, has had half remaining as undeveloped/underutilized for a considerable amount of time. The site is located less than 500 feet away from W Court Street, which is classified as an arterial road, and a bus stop is located on the northwest corner of W Court Street and Road 44. • Economic Development Policy ED-3-A: Enhance compatibility of commercial and industrial development with residential and mixed-use neighborhoods with appropriate landscaping, screening, building and design standards. The proposed facility would be required to install solid screening and landscaping, if not already present, to meet compliance with the PMC. Further, while not required, the applicants would utilize construction materials such that the building would appear residential in nature. • Utilities Policy UT-3-A: Require adequate provision of storm water facilities with all new land development. The proposed facility would be required to maintain all storm water on-site. The proposal includes the construction of stormwater management facilities. (2) The proposal will adversely affect public infrastructure; Accesses to the site are established and include items such as curb, gutter, sidewalk, and street lighting. Utilities are available to the site and have been designed and constructed to accommodate current uses. The Page 4 of 110 4 proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact existing infrastructure. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The properties in the general vicinity include residential, commercial, and office uses. The proposal is subject to the City’s outdoor lighting and noise Ordinances. While there may be an increase in traffic to the site it is not anticipated to adversely impact infrastructure or surrounding uses and should be similar to the site’s current use as a multi-tenant office building. (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; The proposed structure will be less than 25’ in height and is proposed to be constructed out of materials similar to those used in residential dwelling construction. The intent of the building design is to match the residential nature of surrounding development. (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; The proposal was analyzed under the State Environmental Policy Act (SEPA) and impacts related to noise, fumes, vibrations, dust, traffic, or flashing lights were analyzed as a part of the review. Based on the information provided, requirements of PMC and Pasco Design & Construction Standards should mitigate impacts to the built and natural environment. It is not anticipated that the proposal would be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights. (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. The proposal is required to adhere to PMC, including, but not limited to provisions such as the outdoor lighting and noise ordinances. The use, CSII, is subject to periodic reviews for compliance with conditions of approval imposed under the special permit and PMC. If the proposed facility violates the special permit conditions of approval or the PMC code cases would be opened and violation remediating steps will be issued and undertaken. Additionally, at the special permit for the use may be revoked. APPROVAL CONDITIONS 1) The special permit shall apply to the property addressed Road 44 (Parcel # 119-121-156), and any subsequent subdivision(s) thereof. 2) The applicant shall adhere to all Federal, State and City building, fire and life safety codes. 3) The site shall be reviewed annually for noise, nuisance, and safety concerns. 4) The special permit shall become null and void if one or more of the following occur on the premise: i. The site becomes a public nuisance, as defined in PMC 9.90. ii. Nuisance activities, as defined in PMC 9.90 persist at the site. RECOMMENDATION Staff recommends approval of a Special Permit for the construction and use of a Community Service Facility Level Two located at 1620 Road 44 (Parcel # 119-121-156) with conditions as herein proposed. Page 5 of 110 Pa g e 6 o f 1 1 0 Pa g e 7 o f 1 1 0 Pa g e 8 o f 1 1 0 Pa g e 9 o f 1 1 0 Pa g e 1 0 o f 1 1 0 The picture can't be displayed. Looking North Pa g e 1 1 o f 1 1 0 The picture can't be displayed. Looking Northeast Pa g e 1 2 o f 1 1 0 The picture can't be displayed. Looking East Pa g e 1 3 o f 1 1 0 The picture can't be displayed. Looking Southeast Pa g e 1 4 o f 1 1 0 The picture can't be displayed. Looking South Pa g e 1 5 o f 1 1 0 The picture can't be displayed. Looking Southwest Pa g e 1 6 o f 1 1 0 The picture can't be displayed. Looking West Pa g e 1 7 o f 1 1 0 The picture can't be displayed. Looking Northwest Pa g e 1 8 o f 1 1 0 Page 19 of 110 Page 20 of 110 Page 21 of 110 Page 22 of 110 Page 23 of 110 Page 24 of 110 19' - 2 1/4" Easement 20' - 0" Easement 10' - 0" 3' - 0 " Front Yard Setback 5' - 0" Si d e y a r d S e t b a c k 5' - 0 " Proposed Property Line Proposed Property Line Proposed Property Line Proposed Property Line Fr o n t Y a r d S e t b a c k 15 ' - 0 " 106' - 7 1/16" Entrance porch and sidewalkEntrance porch and sidewalkEntrance porch and sidewalkEntrance porch and sidewalk 5' - 0" Michael W. Christensen Registered Architect STATE OF WASHINGTON 8502 FORM Architecture Inc.1415 W 3rd Ave. Ste 201, Spokane, WA 99204-1604 Ph: 509.835.FORM (3676) E-Mail: mike@formarchitecture.net PROJECT. B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A C D E F G H I J K L M N O P Q R S T U V W REVISIONS 6/3/2024 4:57:40 AM A1.0Site PlanESF-1620 Road 44, Pasco WA 99301 NNNN 1" = 10'1" = 10'1" = 10'1" = 10'----0"0"0"0" 1111 Site PlanSite PlanSite PlanSite Plan Pa g e 2 5 o f 1 1 0 Michael W. Christensen Registered Architect STATE OF WASHINGTON 8502 FORM Architecture Inc.1415 W 3rd Ave. Ste 201, Spokane, WA 99204-1604 Ph: 509.835.FORM (3676) E-Mail: mike@formarchitecture.net PROJECT. B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A C D E F G H I J K L M N O P Q R S T U V W REVISIONS 6/3/2024 4:57:41 AM A5.0Exterior ElevationsESF-1620 Road 44, Pasco WA 99301 Pa g e 2 6 o f 1 1 0 Page 27 of 110 Page 28 of 110 Page 29 of 110 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 576643 Print Legal Ad-IPL01854470 - IPL0185447 SP 2024-005 $210.54 1 73 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 07/28/2024, and ending on 07/28/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 07/28/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 29th day of July in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!Page 30 of 110 Page 31 of 110 Page 32 of 110 Page 33 of 110 Page 34 of 110 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 14 August 2024 6:00 PM 1 MASTER FILE #: SP 2024-010 APPLICANT: Linda Gonzalez 210 N 4th Avenue Pasco, WA 99301 REQUEST: Special Permit: Operation of a Barber School within an existing building. Timeline: 24 July 2024 Application Submitted 25 July 2024 Application Deemed Complete 28 July 2024 Application Noticed for Public Hearing 7 August 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: N 40’ OF E2 LOT 30 & N 40’ LOTS 31 & 32, BLOCK 11, GERRY’S ADD General Location: 208 N 4th Avenue Suite 210 (Parcel # 112-053-377), Pasco, WA 99301 Property Size: 0.06 acres. 2) ACCESS: The property has access from N 4th Avenue to the east and access via an alleyway to the north which connects N 4th Avenue and N 5th Avenue. 3) UTILITIES: Municipal water is available in N 4th Avenue and the adjacent alleyway to the north; municipal sewer is available in the alleyway to the north. The site is currently served with both municipal water and sewer. 4) LAND USE AND ZONING: The property is zoned C-1 (Retail Business) and is currently developed. Surrounding properties are zoned and developed as follows: North: C-1 Retail Business/Commercial Development East: C-2 Central Business District/Commercial Development South: C-1 Retail Business/Parking Lot West: C-1 Retail Business/Commercial Development 5) COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as “Medium Density Residential”. The Medium Density Residential designation allows for R-2, R-3, R-4, and RP zoning districts and may be developed with a variety of housing at a density of six (6) to twenty (20) dwelling units per acre. It should Page 35 of 110 2 be noted that while the underlying land use is a residential type the proposed use of “school” is considered an “Unclassified Use” under Pasco Municipal Code (PMC) 25.200.020. Unclassified uses may be permitted via Special Permit in many zones, including all residential zones and the C-1 zone. BACKGROUND Request Applicant proposes to operate a Barber School within an existing building (tenant space) that has historically provided barber services. Site The majority of the site is covered by an existing building, a small portion of the site to the rear of the building (western side of parcel) is somewhat developed and appears to be an area for mechanical equipment and storage. The on-site building has two stories with the main floor providing three commercial tenant spaces (suites 208, 210, and 212) and the second floor containing three residential units (Unit A, B, and C). While there is no on-site parking available, the site is located within the Downtown Pasco Overlay District (PMC 25.95) and therefor does not require parking to be provided. History In 1907 the site was added to the City of Pasco as a part of the Gerry’s Addition plat, at the time the site was platted into multiple different lots and over time has been modified and adjusted to shape the lot as it sits today. The site was assigned the C-1 zoning designation in 1938 as a part of the City’s original Zoning Ordinance (Ordinance 0435). The mixed-use building existing on-site today was constructed in 1958 and is approximately 4,160 sq. ft. in size. The building has been the subject of a multitude of Code Enforcement cases, however, the subject suite and applicant are not a party to any of the cases tied to the property. STAFF FINDINGS OF FACT 1) An initial application was submitted missing the notary signature and which was subsequently submitted on July 24, 2024. The application was deemed complete on July 25, 2024. 2) Notice of the public hearing was sent to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on July 28, 2024. 3) The proposed site is 210 N 4th Avenue Suite 208 (Parcel 112-053-377) in Pasco, WA. 4) The site is zoned C-1 Retail Business. 5) The site is currently developed with an existing building that was constructed in 1958; the building contains three commercial tenant spaces and three residential units. 6) The Applicant proposes to operate a Barber School within a tenant space that has historically been used as a barber shop. 7) Barber Schools falls under the classification of an “Unclassified Use” which may be permitted within the C-1 zoning district through a Special Permit. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; Page 36 of 110 3 Per The Comprehensive Plan designates this site as “Medium Density Residential.” The Medium Density Residential land use designation allows for the R-2, R-3, R-4, and RP zoning districts and may be developed with a variety of housing at a density of 6 to 20 dwelling units per acre. It should be noted that while the sites underlying Future Land Use designation is Medium Density Residential the proposed use is classified as a “Unclassified Use” meaning it is allowed in both Residential and Commercial zoning districts via Special Permit. • Land Use Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. The proposed commercial use is located within a mixed residential structure adjacent to N 4th Avenue, an arterial road. • Economic Development Policy ED-3-D: Require businesses and buildings in and adjacent to the Central Business District to conform to established development standards. The proposed use is required to adhere to the standards PMC 25.95 Downtown Pasco Overlay District and would conform to established development standards. (2) The proposal will adversely affect public infrastructure; Accesses to the site are established and include items such as curb, gutter, sidewalk, and street lighting. Utilities are available to the site and have been designed and constructed to accommodate current uses. The proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The properties in the general vicinity are primarily commercial with some residential to the northwest. The site has historically housed a variety of businesses and residential units, the proposed use as a barber school would not be in conflict with the existing or intended character. (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; The proposed use will be contained within an existing building and tenant space. The space has historically been used as a barber shop, a conversion to add schooling as a use will not be a major modification or impact the general vicinity more than the historical uses. (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; The C-1 zoning districts permits a variety of uses in PMC 25.85.020, the proposed use of a barber school is likely less intense than many of the uses allowed and currently existing in the general vicinity. (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. The proposal is required to adhere to PMC including provisions such as the outdoor lighting and noise ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions imposed under the special permit, PMC, and code violation history at which point the special permit for the use may be revoked. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 112-053-377, and any subsequent subdivision(s) thereof. Page 37 of 110 4 RECOMMENDATION Staff recommends approval of a Special Permit for the use of 208 N 4th Avenue Suite 210 (Parcel # 112-053- 377) as a Barber School with conditions as herein proposed. Page 38 of 110 Pa g e 3 9 o f 1 1 0 Pa g e 4 0 o f 1 1 0 Pa g e 4 1 o f 1 1 0 Pa g e 4 2 o f 1 1 0 Pa g e 4 3 o f 1 1 0 The picture can't be displayed. Looking North Pa g e 4 4 o f 1 1 0 The picture can't be displayed. Looking Northeast Pa g e 4 5 o f 1 1 0 The picture can't be displayed. Looking East Pa g e 4 6 o f 1 1 0 The picture can't be displayed. Looking Southeast Pa g e 4 7 o f 1 1 0 The picture can't be displayed. Looking South Pa g e 4 8 o f 1 1 0 The picture can't be displayed. Looking Southwest Pa g e 4 9 o f 1 1 0 The picture can't be displayed. Looking West Pa g e 5 0 o f 1 1 0 The picture can't be displayed. Looking Northwest Pa g e 5 1 o f 1 1 0 Page 52 of 110 Page 53 of 110 Page 54 of 110 Page 55 of 110 Page 56 of 110 Page 57 of 110 Page 58 of 110 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 14026 576644 Print Legal Ad-IPL01854530 - IPL0185453 SP 2024-010 $177.55 1 60 L Debra BarhamAttention: CITY OF PASCO/LEGALS PO BOX 293 PASCO, WA 99301 accountspayable@pasco-wa.gov COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 07/28/2024, and ending on 07/28/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 07/28/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 29th day of July in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!Page 59 of 110 REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 14 August 2024 6:00 PM 1 MASTER FILE #: SP 2024-011 APPLICANT: Cecilia Petrearce 2508 W Sylvester St. Suite D Pasco, WA 99301 REQUEST: Special Permit: Operation of a Beauty School within an existing building. Timeline: 19 July 2024 Application Submitted 19 July 2024 Application Deemed Complete 22 July 2024 Application Noticed for Public Hearing 7 August 2024 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: Lot 7, Block 14, Gerry's Addition to Pasco General Location: 514 West Clark Street (Parcel 112042058), Pasco, WA 99301 Property Size: Approximately 0.08 acres (3,499.86 square feet) 2) ACCESS: The property has access from West Clark Street to the north and via an alleyway, which connects to N 4th Avenue and N 5th Avenue, to the south. 3) UTILITIES: Municipal water and sewer services are available in the adjacent alleyway to the south. The site is currently served with both municipal water and sewer. 4) LAND USE AND ZONING: The property is zoned C-2 (Central Business District) and is currently developed with a commercial building. Surrounding properties are zoned and developed as follows: North: C-1 Retail Business/Commercial Development; Parking Lot East: C-2 Central Business District/Commercial Development South: C-2 Central Business District/Commercial Development West: C-2 Central Business District/Commercial Development 5) COMPREHENSIVE PLAN: On April 17, 2023, City Council approved Ordinance 4658 amending the Comprehensive Plan Land Use Map and corresponding Pasco Municipal Code (PMC) 25.95, “Downtown Overlay District.” The Downtown Overlay District designation allows for O, BP, C-1, C-2, C-3, and CR zoning; neighborhood, community and regional shopping and specialty centers, business parks, service Page 60 of 110 2 and office uses may all be considered under this designation. Per Ordinance 4658, the overlay standards are to be applied in addition to and in combination with all other district and development regulations contained in Title 25 Zoning. The requirements of the overlay district take precedence over the requirements of the underlying zoning district regulations. BACKGROUND Request Applicant proposes to operate a Beauty School, “New York Hair Academy,” within an existing building (tenant space) that has historically provided retail clothing and variety sales, tax services, professional health services, retail arts and crafts sales, and barber/beauty services. Site The majority of the 3,500 square-foot site is occupied by a commercial building; a small portion of the site to the rear of the building adjacent the alley (southern side of parcel) is used for parking and alley access. The on-site building is a single-story structure. The site is located within the Downtown Pasco Overlay District (PMC 25.95) and therefor does not require the provision of on-site parking. History The site was added to the City of Pasco as a part of the 1907 Gerry’s Addition to Pasco. The site was assigned the C-1 zoning designation in 1938 as a part of the City’s original Zoning Ordinance (Ordinance 0435); the site has since been rezoned to C-2 (Ordinance # currently unavailable). The existing structure was constructed in 1952 and comprises approximately 2,890 square feet. The building was damaged by fire in 2022, underwent fire restoration/repairs, and in April of 2023 was approved for occupancy and is now being used as a barber shop. Land Use Regulations Per PMC 25.200.010 Unclassified uses, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Unclassified uses may be permitted within any district where not otherwise prohibited. Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district shall be considered unclassified uses, and as such, require Special Permit review. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. STAFF FINDINGS OF FACT 1) Special Permit Application (SP 2024-011) for a Beauty School, “NY Hair Academy,” was submitted on July 19, 2024 2) The Application was determined to be complete on July 31, 2024. 3) Notice of the public hearing was mailed to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on July 28, 2024. 4) Applicant proposes to operate a “New York Hair Academy” Beauty School within an existing building. 5) The site has historically provided retail clothing and variety sales, tax services, professional health services, retail arts and crafts sales, and barber/beauty services. Page 61 of 110 3 6) The majority of the 3,500 square-foot site is covered by a commercial building. 7) The existing structure comprises approximately 2,890 square feet. 8) A small portion of the site to the rear of the building adjacent the alley is used for parking and alley access. 9) The on-site building is a single-story structure. 10) The site is located within the Downtown Pasco Overlay District (PMC 25.95). 11) The Downtown Overlay District does not require the provision of on-site parking. 12) The subject property was added to the City of Pasco as a part of the 1907 Gerry’s Addition to Pasco. 13) The site was assigned the C-1 zoning designation in 1938 as a part of the City’s original Zoning Ordinance (Ordinance 0435). 14) The site has since been rezoned to C-2 (Ordinance # unavailable at this time). 15) The existing structure was constructed in 1952. 16) Per PMC 25.200.010 Unclassified uses enumerated in PMC 25.200.020, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Unclassified uses may be permitted within any district where not otherwise prohibited. 17) Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district shall be considered unclassified uses. 18) Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; The site is designated “Downtown Overlay District” by the City of Pasco Comprehensive Plan. The Downtown Overlay District designation allows for O, BP, C-1, C-2, C-3, and CR zoning; neighborhood, community and regional shopping and specialty centers, business parks, service and office uses may all be considered for this designation. As well, properties located within the newly created “Downtown Pasco Overlay District” are subject to the overlay district regulations. Per Ordinance 4658, the overlay standards are to be applied in addition to and in combination with all other district and development regulations contained in Title 25 Zoning. The requirements of the overlay district take precedence over the requirements of the underlying zoning regulations. • Economic Development Policy ED-3-D: Require businesses and buildings in and adjacent to the Central Business District to conform to established development standards. The proposed use is required to adhere to the standards PMC 25.95 Downtown Pasco Overlay District and would conform to established development standards. (2) The proposal will adversely affect public infrastructure; The proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. Page 62 of 110 4 (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The proposed use will be contained within an existing building and tenant space. The properties in the general vicinity are primarily commercial. The site has historically been used for retail clothing and variety sales, tax services, professional health services, retail arts and crafts sales, and barber/beauty services; the proposed use as a Beauty School would not be in conflict with the existing or intended character of the general vicinity. (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; The proposed use will be contained within an existing building and tenant space. The space has historically been used for retail clothing and variety sales, tax services, professional health services, retail arts and crafts sales, and barber/beauty services; a conversion to add schooling as a use will not be a major modification or impact the general vicinity more than the historical uses. (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; The operations of a beauty school will not likely be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district. (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. The proposal is required to adhere to PMC including provisions such as the outdoor lighting and noise ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions imposed under the special permit, PMC, and code violation history at which point the special permit for the use may be revoked. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 112042058, and any subsequent subdivision(s) thereof. 2) Applicant shall adhere to all Federal, State and City building, fire, and safety codes. RECOMMENDATION Staff recommends approval of a Special Permit for the use Lot 7, Block 14, Gerry's Addition to Pasco located at 514 West Clark Street (parcel # 112042058) as a Beauty School with conditions as herein proposed. Page 63 of 110 Pa g e 6 4 o f 1 1 0 Pa g e 6 5 o f 1 1 0 Pa g e 6 6 o f 1 1 0 Pa g e 6 7 o f 1 1 0 Pa g e 6 8 o f 1 1 0 DistJict Information Page 69 of 110 The picture can't be displayed. Looking North Pa g e 7 0 o f 1 1 0 The picture can't be displayed. Looking Northeast Pa g e 7 1 o f 1 1 0 The picture can't be displayed. Looking East Pa g e 7 2 o f 1 1 0 The picture can't be displayed. Looking Southeast Pa g e 7 3 o f 1 1 0 The picture can't be displayed. Looking South Pa g e 7 4 o f 1 1 0 The picture can't be displayed. Looking Southwest Pa g e 7 5 o f 1 1 0 The picture can't be displayed. Looking West Pa g e 7 6 o f 1 1 0 The picture can't be displayed. Looking Northwest Pa g e 7 7 o f 1 1 0 The picture can't be displayed. Site Pa g e 7 8 o f 1 1 0 Page 79 of 110 Pa g e 8 0 o f 1 1 0 Page 81 of 110 Page 82 of 110 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 14 August 2024 6:00 PM 1 MASTER FILE #: Z 2024-003 APPLICANT: Haven Capital, LLC c/o Cody Fielding 6619 Burden Blvd; Suite C Pasco WA 99301 REQUEST: REZONE: Alvarado Place Rezone from RS-20 (Suburban District) to R-1 (Low-Density Residential) in preparation for a 14-lot preliminary plat. BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lot 1, Short Plat No. 94-7, according to the Survey thereof, recorded under Auditor's File Number 509860, records of Franklin County, Washington. General Location: Located at 9903 West Court Street (Parcel 118292143) in the northwest quarter of Section 20, Township 9 North, Range 29 East, W.M., in Pasco, WA 99301. Property Size: Approximately 3.17 acres (137,994.48 square feet) 2. ACCESS: The parcel has access from West Court Street. 3. UTILITIES: Municipal water and sewer are available in West Court Street. 4. LAND USE AND ZONING: The site is zoned RS-20 (Suburban District) and is developed with a 1980 10’ X 66’ singlewide manufactured home and a utility building. Surrounding properties are zoned and developed as follows: NORTH: RS-20 Single-Family Dwelling Units (SFDUs) EAST: RS-20 SFDUs SOUTH: RS-20 SFDUs, City of Pasco Park WEST: RS-20 Vacant; SFDUs 5. Comprehensive Plan: Per Pasco Municipal code (PMC) 25.215.015, the Comprehensive Plan designates this site as Low-Density Residential. The Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the SEPA lead agency for this project (SEPA 2024-024). Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a final threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued for this project on July 1, 2024, under WAC 197-11-158. The mitigation required in the MDNS is as follows: a. A professional archaeological survey of the project area must be conducted, and a report be produced prior to ground disturbing activities. This report should meet Department of Page 83 of 110 2 Archaeology & Historic Preservation (DAHP) standards for cultural resource reporting (DAHP Project Tracking Code: 2024-05-03706.2) b. The applicant must properly abandon/decommission any unused wells and must submit abandonment reports to Washington State Department of Ecology, as described in WAC 173-160-381. This includes resource protection wells and any dewatering wells installed during the construction phase of the project. The final threshold determination was not appealed. ANALYSIS Request Cody Fielding, on behalf of Haven Capital, LLC submitted a rezone application (Z 2024-003) from RS-20 (Suburban District) to R-1 (Low-Density Residential District), for Lot 1 of Short Plat No. 94-7, a 3.17-acre site located approximately 300 feet east of the intersection of Road 100 and West Court Street at 9903 West Court Street (Parcel 118292143), Pasco, Franklin County, WA. Applicant simultaneously submitted applications for a 14-Lot Preliminary Plat (PP 2024-005) and a Right- of-Way Vacation (VAC 2024-003) for the 20-foot Right-of-Way located along the eastern property line of Lot 1 of Short Plat 94-7. Current zoning of the site is RS-20, which requires a 20,000-foot minimum lot size; as the lots in the proposed Preliminary Plat average 7,938 square feet, with a range between 6,000 and 14,451 square feet, the rezone would be prerequisite to approval of the plat. Furthermore, as the proposed Preliminary Plat density includes the proposed 20-foot Right-of-Way area, approval of the preliminary plat as proposed is contingent upon the vacation. Finally, the vacated right-of-way would need to be included in the rezone, as it is part of the proposed plat. The vacation has been presented to City Council and is scheduled to be considered at their September 16, 2024, meeting. History The site was annexed into the City in 2015 (Ordinance 4222) and assigned RS-20 (Suburban District) zoning (Ordinance 4221) in conjunction with the annexation. At the time of annexation, the area was part of the unincorporated West Pasco “donut hole,” which was developed with over 400 dwellings units, two schools, a large church, a major electrical substation, a seminary building and a veterinarian clinic. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The site was designated RS-20 (Suburban District) zoning in conjunction with the 2015 annexation. 2. The changed conditions, which are alleged to warrant other or additional zoning: The site is currently zoned RS-20, which requires a 20,000-square-foot minimum lot size. Higher density infill development is proposed, thus necessitating the rezone. Due to Pasco’s rapid population increase, developing the remaining infill properties around the City has become crucial to accommodate future growth. By rezoning the property to R-1, which permits the creation of lots at a greater density than RS- 20, the applicant may then develop the property with more single-family homes to serve the population. On January 24, 2022, Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. The approved ordinance changed the Page 84 of 110 3 purpose of the R-1 zone found in PMC 25.45.010, as follows: “The R-1 low density residential district is established to provide a low- to medium-density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low- to medium-density residential environment.” As well, PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction. 3. Facts to justify the change on the basis of advancing the public health, safety, and general welfare: The rezone application and proposal are consistent with the City Council-approved Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. It is hoped that subdivision and development of new homes on the site will increase the desirability of the property as well as the public health, safety, and general welfare. From a public health perspective, future residential development of the site could encourage walking to and from school with development of proper sidewalk infrastructure. The McLoughlin Middle School is approximately .75 miles from the site. Additionally, the site is immediately adjacent across West Court Street from the entrance walkway to Chiawana Park, which borders the Columbia River. In terms of public safety, the site is located approximately ½ mile from Pasco Fire Station #85 along Road 100/Broadmoor Boulevard, well within the established response-time zone. Safety of the future residential community will also be provided for through the implementation of the civil, building and fire codes which mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The site is adjacent existing single-family development and vacant land. A change in zoning would be consistent with the Comprehensive Plan. According to PMC 25.215.015, the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. The site is surrounded by RS-20 zoning; RS-20 zoning requires a 20,000-square-foot minimum lot size; the proposed rezone to R-1 would allow for 3,500 to 5,000- square foot lots and multi-family dwelling units, introducing a higher density than would be allowed in the surrounding neighborhood. Further, the adjacent property’s value and character are not anticipated to be negatively affected because Low-Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City’s approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 5. The effect on the property owner or owners if the request is not granted: If the property remains with the current RS-20 zoning designation the site would likely continue to remain underdeveloped with a 1980 10’ X 66’ singlewide manufactured home and a utility building on 3.17 acres Page 85 of 110 4 of land. Denying the proposed development would seem to deprive the owner the opportunity to develop a diverse range of housing at a density of 3 to 6 dwelling units per acre. 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential;” the proposed zoning district is compatible with the Comprehensive Plan Land Use designation; the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. The proposed rezone application would implement or be consistent with the following comp plan policies: LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transportation and utility infrastructure. A rezone of this property providing for residential development would provide for future neighborhood low density residential land uses on a site that is adjacent West Court Street, a principal arterial in a location where existing utility services are available to serve future development. The proposed rezone is consistent with the intent of this policy. LU-2-B Policy: Facilitate planned growth within the City limits and UGA and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City’s land use designations. As the demand for residential land use increases, additional residential land and higher residential densities provide greater flexibility for the City and landowners to meet the rising demand for new housing units. The proximity of this property to West Court Street, an arterial street makes this site particularly well suited for future R-1 residential infill development. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. The site’s proximity to West Court Street, a planned principal arterial makes R-1 low density residential development of the site consistent with this land use policy. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. R-1 residential development on the site would fulfill this comprehensive plan policy of placing higher density development in areas where transportation and utility infrastructure is present, as the site is adjacent to a principal arterial street; a 24” sewer main and a 12” water main are located immediately adjacent to the site. LU-5-A Policy: Allow a variety of residential densities throughout the UGA. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are permitted in this zone. Per PMC 25.22.020 Permitted housing types, the following residential housing types are permitted within the applicable zones, under the provisions of these Zone District Standards: (1) Single-family dwelling unit detached (SFDU – Detached). (2) Single-family dwelling unit attached (SFDU – Attached). (3) Duplexes and triplexes. (4) Multifamily attached (including apartments, stacked flats, condos). Page 86 of 110 5 (5) Multifamily detached (including cottage housing). (6) New factory assembled homes. An R-1 low density residential development of the site would help to implement this land use policy, while helping to satisfy the rising demand for housing that is currently felt both locally and regionally. H-1-A Policy: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. Per PMC 25.45.020 Permitted uses, all housing types permitted in PMC 25.22.020, Zone District Standards, are permitted in this zone. 7. Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. The opportunity for R-1 low-density zoning in this area supports the Land Use Element of the Comprehensive Plan. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Rezone application Z 2024-003 to rezone Lot 1 of Short Plat No. 94-7 was submitted on May 7, 2024. 2. The application was determined to be complete on July 31, 2024. 3. Public notice of this hearing was mailed to property owners within 300 feet of the site and published in the Tri-City Herald newspaper on July 22, 2024. 4. Applicant wishes to rezone 9903 West Court Street from RS-20 to R-1. 5. The site comprises 3.17 acres. 6. The site is located approximately 300 feet east of the intersection of Road 100 and Court Street. 7. The site was annexed into the City in 2015 (Ordinance 4222) 8. The site was assigned RS-20 (Suburban District) (Ordinance 4221) in conjunction with the annexation. 9. The rezone would support a proposed infill subdivision project being submitted in conjunction with this rezone. 10. On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 25.45 relating to the R-1 zoning district. 11. The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as follows: PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. 12. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction. 13. A rezone from RS-20 (Suburban) to R-1 (Low-Density Residential) would allow R-1 density Residential development to occur along a major arterial street. 14. The rezone would allow for residential density between 3 to 6 dwelling units per acre. 15. The rezone application and proposal are consistent with the Council-approved Comprehensive Plan. 16. McLoughlin Middle School is approximately .75 miles from the site. Page 87 of 110 6 17. The entrance walkway to Chiawana Park, which borders the Columbia River, is across West Court Street from the site. 18. The site is located approximately one-half mile from Pasco Fire Station #85 on Road 100. 19. The civil, building and fire codes mandate adequate access, fire hydrants, and similar fire and life safety requirements for all new development. 20. The site is adjacent existing single-family development and vacant land. 21. Per PMC 25.215.015, the Low-Density Residential designation allows R-S-20, R-S-12, R-S-1, R-1, R- 1-A, and R-1-A2 zones. 22. Applicant also submitted applications for a 14-Lot Preliminary Plat (PP 2024-005) and a Vacation (VAC 2024-003) of a 20-foot Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-7. 23. Current zoning of the site is RS-20, which requires a 20,000-foot minimum lot size. 24. The rezone is a prerequisite to preliminary plat approval of application PP 2024-005 since the lots in the Preliminary Plat average 7,938 square feet. 25. Approval of the plat as submitted would also be contingent upon the 20-foot Right-of-Way Vacation (VAC 2024-003) as mentioned above, as the proposed Plat density includes the proposed Right-of-Way area. 26. The vacated 20-foot right-of-way would need to be included in the rezone, as it is part of the proposed plat. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot “Low-Density Residential District.” The proposed R-1 zoning district would be in alignment with the Land Use map within the City’s Comprehensive Plan. Future potential development could additionally foster or help to implement the following policies from the Comprehensive Plan: LU-2-A Policy: Maintain sufficient land designated to accommodate residential, commercial, industrial, educational, public facility, and open-space uses proximate to appropriate transportation and utility infrastructure. LU-2-B Policy: Facilitate planned growth within the City limits and UGA and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City’s land use designations. LU-4-B Policy: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. LU-4-D Policy: Designate areas for higher density residential developments where utilities and transportation facilities enable efficient use of capital resources. LU-5-A Policy: Allow a variety of residential densities throughout the UGA. LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors, Downtown (Central Business District), and Broadmoor. Page 88 of 110 7 6-A Policy: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. H-1-A Policy: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. H-1-B Policy: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan designates the property “Low-Density Residential.” As such, the site may be zoned RS-20, RS-12, RS-1, R-1, or R-1-A. The site is adjacent existing single-family development and vacant land. A change in zoning would be consistent with the comprehensive plan. According to PMC 25.215.015, the Low-Density Residential designation accommodates a diverse range of housing at a density of 3 to 6 dwelling units per acre, and allows R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zones. Further, the effect of the proposal on immediate vicinity will likely not be materially detrimental because Low-Density development has been established by City Council as an appropriate and beneficial use of the site, as set forth in the City’s approved Comprehensive Plan. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 3. There is merit and value in the proposal for the community as a whole. There is merit in increasing housing opportunities available in those areas currently served by municipal utilities. The City revised its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA updated UGA is smaller than current projections for low-density residential growth as developed in the past would allow; as such, more residential lots are needed within the current UGA. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal includes infill development. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application, proposed 14-Lot Preliminary Plat, and 20-foot Right-of-Way Vacation projects are all subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that SHORT PLAT 94-7 LOT 1, along with the 20-foot Right-of-Way located along the eastern property line of said Lot 1 of Short Plat 94- 7 located at 9903 W Court Street (Parcel 118292143) in the northwest quarter of Section 20, Township 9 Page 89 of 110 8 North and Range 29 East in Pasco, WA be rezoned from R-S-20 (Suburban District) to R-1 (Low-Density Residential District). Page 90 of 110 Pa g e 9 1 o f 1 1 0 Pa g e 9 2 o f 1 1 0 Pa g e 9 3 o f 1 1 0 Pa g e 9 4 o f 1 1 0 Pa g e 9 5 o f 1 1 0 Pa g e 9 6 o f 1 1 0 EXTG FIRE HYDRANT Pa g e 9 7 o f 1 1 0 Pa g e 9 8 o f 1 1 0 The picture can't be displayed. Looking North Pa g e 9 9 o f 1 1 0 The picture can't be displayed. Looking Northeast Pa g e 1 0 0 o f 1 1 0 The picture can't be displayed. Looking East Pa g e 1 0 1 o f 1 1 0 The picture can't be displayed. Looking Southeast Pa g e 1 0 2 o f 1 1 0 The picture can't be displayed. Looking South Pa g e 1 0 3 o f 1 1 0 The picture can't be displayed. Looking Southwest Pa g e 1 0 4 o f 1 1 0 The picture can't be displayed. Looking West Pa g e 1 0 5 o f 1 1 0 The picture can't be displayed. Looking Northwest Pa g e 1 0 6 o f 1 1 0 Affidavit of Mailing In regards to MF# Z2024-003 I, Carmen Patrick, hereby confirm that notification was sent by mail July 22, 2024 to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 22N° day, July of 2024. Representative's Signature Page 107 of 110 CLAUDIA HICKMAN LIVING TRUST 10017 W COURT ST PASCO WA 99301 K D & MARILYN COUGHREN 10012 W COURT ST PASCO WA 99301 TODD M & LINDA S CALVERT 10000 W COURT ST PASCO WA 99301 DAVID G & NICHOLE A MILNE 10002 W COURT ST PASCO WA 99301 MICHAEL & JUDITH NELLIS 10008 W COURT ST PASCO WA 99301 ERIC & SUSAN ERPENBECK 2904 N ROAD 97 PASCO WA 99301 KUO & SUE (TRUSTEES) TSAI 11514 9TH AVE NE SEATTLE WA 98125 MICHAEL L & DEBORAH D SMILIE 2808 N ROAD 97 PASCO WA 99301 REX D WALTERS (ETUX) 2708 N ROAD 97 PASCO WA 99301 LARRY ALVA LENHART 3200 ROAD 92 PASCO WA 99301 BROOKE L MARSHALL 9912 STAR LN PASCO WA 99301 MARGARET HARRISON 9818 STAR LN PASCO WA 99301 TIA L (ETAL) GIBSON-ALVARADO 9903 W COURT ST PASCO WA 99301 MICHAEL & ELIZABETH GUZMAN 10305 CHAPEL HILL BLVD PASCO WA 99301 TERRY K BASS 9715 W COURT ST PASCO WA 99301 VALORIA A LOVELAND 10004 W COURT ST PASCO WA 99301 GEORGE M & JULIE A BEAN 9916 W COURT ST PASCO WA 99301 CITY OF PASCO PO BOX 293 PASCO WA 99301 STEVEN P SHAFFER (ETUX) 9122 WHIPPLE AVE PASCO WA 99301 RICK & JOSIE KOELZER 9820 W COURT PASCO WA 99301 MA TT HEW L & LISA M BEATON 9816 W COURT ST PASCO WA 99301 THOMAS & EVELYN CORLEY 9812 W COURT ST PASCO WA 99301 JEFF ADAMS 620 BIRCH AVE RICHLAND WA 99352 Pa g e 1 0 8 o f 1 1 0 1li Pd:Sco Community Development Department PO Box 293, 525 N 3"j Ave, Pasco. WA 99301 P: 509.545.3441 / F: 509.545.3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, par favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on August 14, 2024 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. Proposal: Cody Fielding on. behalf cfHav2n Gapit.il;UC has submitted a Rezone application (Z 2024-003) from RS-. 20 (Residential Suburban} to R-1 (Low-Density Residential} for Lot 1, Short Plat 94-7 located at 9903 W Court Street (Parcel 118292143)) in Pasco, WA 99301. The site is located approximately 300 feet east of the intersection of Road 100 and Court Street. A Right-of-Way vacation has also been requested in conjunction with the plat and rezone applications. The proposal is subject to regulations contained in the Pasco Municipal Code. Future site-specific development applications will be subject to SEPA environmental review and code requirements. Impact fees will apply. Public Comment Period: Written comments will be accepted up to 4:30 pm on the day of the hearing and will be Distributed to the Hearing Examiner at the hearing. If you wish to attach comments to the posted hearing Examiner packet, those comments must be submitted to the Community Development Department by 5:00 p.m. Wednesday August 7, 2024, which is one week before the hearing. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: adamsj@pasco-wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 22 July 2024 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545- 3441. The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Page 1 of 2 Page 109 of 110 N Pa g e 1 1 0 o f 1 1 0